Ex parte Beavers
Supreme Court of Alabama
APPLICATION for a mandamus to the circuit court of Talladega, Hon. Robt. Bougi-ierty presiding, to compel that court to strike from its docket a cause wherein Graham Beavers, the petitioner, was plaintiff, and John T. Hardie & Co. were defendants. The facts on which the application was predicated, as shown by the accompanying transcript, are these: At the November term, 1857, a judgment on verdict was rendered in said cause for the plaintiff.
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APPLICATION for a mandamus to the circuit court of Talladega, Hon. Robt. Bougi-ierty presiding, to compel that court to strike from its docket a cause wherein Graham Beavers, the petitioner, was plaintiff, and John T. Hardie & Co. were defendants. The facts on which the application was predicated, as shown by the accompanying transcript, are these: At the November term, 1857, a judgment on verdict was rendered in said cause for the plaintiff. On a subsequent day of the term, the defendants submitted a motion for a new trial; whereupon an order was made by the court, in the following words:…
1Opinion of the CourtWalker, J.
In reference to the motion for a new trial, the order was as follows: “It is considered that said motion be granted, upon the payment of all the costs in this case, and the costs of this motion, within ninety days, for which let execution issue.” If the words *73italicized bad been omitted, tbe order would have prescribed tbe payment of tbe specified costs as a condition precedent ,to .tbe grant of a new trial. Tbe effect of sucb an order-as this would be,-without tbe words “for which let execution issue,” is settled in this State by the decisions in the cases of Ex parte Lowe, 20 Ala. 330; and…
2Cases cited10 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Petty v. BootheSupreme Court of Alabama · 1851
- Ex parte LoweSupreme Court of Alabama · 1852
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Edwards v. LewisSupreme Court of Alabama · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Ex Parte SmithSupreme Court of Alabama · 1934
- Ex parte JonesSupreme Court of Alabama · 1860
- Pottenger v. BondIndiana Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.